The information on this page is presented in the format of frequently asked questions. Please click a question from the index below to see the appropriate answer.
Can I get any compensation if my application to carry out work on protected trees/woodland is refused or conditions are imposed?
If consent is refused – or granted with conditions – you can seek compensation from your local planning authority for any loss or damage which results. However you cannot make a claim where, under the terms of the order, the planning authority has issued a certificate saying either: that the refusal or condition is in the interests of good forestry, or that the trees or woodland have an outstanding or special amenity value. You can appeal to the First Secretary of State against such a certificate.
Local planning authorities will not be able to issue these certificates under tree preservation orders which are made after 2 August 1999. But they will be able to issue them under orders made before that date. Where a felling licence application has been refused by the Forestry Commission you may get compensation from the Commission under the relevant forestry legislation. Replanting of woodland:
You can also seek compensation from the local planning authority where, on giving permission to cut down protected woodland, it has required replacement planting. But such compensation is only available if the Forestry Commission will not give a grant for the replanting on the grounds that it would not be in accordance with good forestry practice.
Can I object to or express support for a tree preservation order?
If you or anyone else wants to object to or support an order, write to the local planning authority within the period they allow (usually 28 days) saying why and giving details of the relevant trees. The planning authority will take these comments into account when it decides whether to confirm the order. When the authority confirms the order it can modify it, for example by excluding some of the trees.
Can I stop planning permission being granted - or prevent approved development being carried out - by getting a tree preservation order imposed on trees on the site?
No. A tree preservation order does not prevent planning permission being granted. But a local planning authority will consider the risk to protected trees when deciding planning applications. Once detailed planning permission is granted, any felling may be carried out which is directly required to enable the development to go ahead.
Does a tree preservation order come into effect immediately?
The local planning authority may make a Tree Preservation Order which comes into effect immediately and remains in force for up to six months.
How do I find out about Tree Preservation Orders and Conservation Areas?
Check with the Planning Service about Tree Preservation Orders and Conservation Areas.
How do I get a Tree Preservation Order made?
Contact the Planning Service. The LPA may make a Tree Preservation Order (TPO) if it is deemed that the tree offers amenity value to the surrounding area, and that its loss would have a significant impact on the environment and its enjoyment by the public. To this end, the tree(s) would normally be visible from a public place and would contribute to the landscape in some way. The LPA has to justify the placement of a TPO and the tree owner can object against the placement of such an order.
How do I go about claiming compensation under a tree preservation order?
Write to your local planning authority within 12 months of its decision, or that of the First Secretary of State if you appealed.
How will I know when a local planning authority makes a tree preservation order?
It will write to the owner and other interested parties, enclosing a copy of the tree preservation order.
I have a tree that is protected and I want to do some work to it, how do I get permission, who can give me some advice, and can you recommend someone to do it?
Please check with the Planning Service regarding protected trees.
I want to cut down/prune a tree in my garden, do I need permission?
Check with the Planning Service to see if there are any restrictions.
Is the local planning authority responsible for looking after the trees covered by a tree preservation order?
No. The owner remains responsible for the trees, their condition and any damage they may cause. But the planning authority’s permission is required before carrying out work on them, unless they are dying, dead or dangerous . The planning authority may be able to offer appropriate help and advice on how the trees should be managed.
My neighbour is cutting down/pruning a tree in his garden, has he permission?
Please check with the Planning Service regarding felling/pruning trees.
On a nearby building site, the builders are felling/pruning trees, is this permitted?
Please check with the Planning Service regarding felling/pruning trees.
What if my application to carry out work on a protected tree is refused, or I object to the conditions imposed by the planning authority?
You can appeal to the First Secretary of State for the Office of the Deputy Prime Minister in writing within 28 days of receiving the decision that an application for work on a protected tree is refused. The planning authority should give you the address. Appeals are normally decided on the basis of written statements followed by a site visit. The First Secretary of State may allow or dismiss the appeal, or vary the original decision.
When will I have to plant a replacement tree?
You will have to replant:
1) if you cut down or destroy a protected tree: in breach of an order, except in the case of woodland, because the tree is dying, dead or dangerous
2) if the planning authority gives you permission to cut down a protected tree but makes replanting a condition of its consent
3) in most cases where the Forestry Commission grants a felling licence. Local planning authorities have legal powers to ensure that you plant a replacement tree when required.
For all enquiries please contact the Customer Service Centre
01753 475111
My Council
Landmark Place
High Street
Slough
opposite Slough Library
This symbol indicates a link will take you outside this website. Links will open in a new browser window.
